What Are the Key Differences Between Aggravated Robbery and Aggravated Burglary?

It is not uncommon for people to use the terms “robbery” and “burglary” interchangeably. However, robbery and burglary are very different crimes. The primary distinction between the two is that while robbery involves taking a person's property through intimidation and threats, burglary involves entering a residence or business illegally, regardless of whether anything is stolen.

This article defines and describes the differences between aggravated robbery and aggravated burglary, offers examples, describes common legal elements required for conviction, and discusses the criteria that elevate these crimes to aggravated status, such as the use of weapons or causing bodily harm, resulting in harsher penalties for those who are convicted.

For those charged with aggravated robbery or aggravated burglary and their victims, understanding the differences between them, including the serious legal implications, helps ensure that justice is served fairly for everyone involved.

What Is Aggravated Robbery?

Simple robbery usually involves taking someone's property without using violence or threats. Aggravated robbery, as the name implies, involves “aggravating factors,” making the crime more serious, such as using a deadly weapon or the threat of lethal force while committing the crime.

In most jurisdictions, robbery is a misdemeanor, but aggravated robbery is a felony. Those convicted of aggravated robbery often face lengthy prison sentences, significant fines, and other serious consequences.

However, the crimes of simple robbery and aggravated robbery, though treated differently in the criminal justice system, are both quite serious.

What Does Aggravated Robbery Mean?

A charge of aggravated robbery is typically levied when certain factors are present, such as the use of a firearm or some other dangerous weapon during the theft, a victim's injuries, or in cases where the robbery victim was particularly vulnerable, such as an elderly or disabled person.

Aggravated Robbery vs. Armed Robbery

While both crimes involve the use or presence of a deadly weapon, a weapon is required for an armed robbery charge. However, both crimes are so closely related that many jurisdictions do not differentiate between the two.

In Tennessee, for example, simply displaying a weapon during a robbery is enough to warrant a charge of aggravated robbery. In other states, however, the weapon must be used for the charge to stand.

No matter what jurisdiction you live in, aggravated robbery and armed robbery are both felonies and are considered serious, violent crimes.

Aggravated Robbery Examples

Aggravated robbery is distinguished by several elements that differentiate it from simple theft, such as using a dangerous weapon or inflicting bodily injury on a victim or victims during the robbery.

Here are some aggravated robbery examples:

• A man robs a convenience store and displays a firearm while carrying out the crime.
• A woman robs a bank, and in the commotion, a bank employee is injured.

In some jurisdictions, stealing from the elderly, the disabled, or a child can elevate the crime to an aggravated robbery.

Sentencing and Penalties for Aggravated Robbery

The sentencing and penalties for aggravated robbery vary by jurisdiction, and the facts of the case can certainly affect the outcome. Still, an aggravated robbery conviction generally results in a prison sentence of between three and 25 years, significant probationary periods, and fines of up to $20,000. The most serious aggravated robbery convictions, which result in serious bodily injury or death, can carry life sentences without the possibility of parole.

Criminal defense lawyers can help defendants charged with aggravated robbery by ensuring their rights are protected throughout the legal process and helping them secure the most favorable outcome possible.

How Much Time Can You Get for Aggravated Robbery?

As with any crime, the penalties for aggravated robbery vary greatly, depending on the jurisdiction in which you have been charged.

Here is a small sample of how much time you can get for aggravated robbery in different states:

• Alaska: First-degree aggravated robbery can result in up to 20 years in prison and a $250,000 fine. Those charged with second-degree aggravated robbery face up to 10 years in prison and a $10,000 fine.
• Arkansas: Anyone convicted of aggravated robbery can expect to spend ten to 40 years in prison for their crime.
• Hawaii: Anyone charged with first-degree aggravated robbery in the Aloha State faces up to 20 years in prison, while those charged with second-degree aggravated robbery face up to 10 years.
• Kansas: An aggravated robbery conviction in Kansas carries a sentence of up to 20 years in prison.
• New York: A first-degree aggravated robbery conviction can land you in prison for up to 25 years. A second-degree aggravated robbery conviction can result in up to 15 years in prison. A third-degree robbery charge can result in a prison sentence of up to 7 years.

What Is the Minimum Sentence for Aggravated Robbery in States?

Some states require minimum prison sentences for those convicted of aggravated robbery.

Here is a breakdown:

• District of Columbia: In Washington, DC, those convicted of aggravated robbery can expect to serve at least two years in prison for their crime. Depending on the defendant’s criminal history, the District of Columbia does include mandatory minimum sentences of 5 or 10 years for aggravated robbery.
• Kansas: Kansas has a mandatory minimum prison sentence of 26-49 months for those convicted of aggravated robbery.
• Idaho: A mandatory minimum prison sentence of five years will be imposed for those convicted of aggravated robbery in Idaho.
• Louisiana: Louisiana requires those convicted of aggravated robbery to spend at least two years in prison.
• Nebraska: In Nebraska, those convicted of aggravated robbery must serve at least one year in prison.

Aggravated Robbery Sentence Factors

In nearly all jurisdictions, a judge overseeing an aggravated robbery proceeding can consider numerous factors while sentencing a defendant, including:

• Whether or not a firearm or some other deadly weapon was used during the crime.
• Whether or not a victim suffered injuries during the robbery.
• The vulnerability status of the victim, such as whether they were a child, elderly, or disabled.
• The criminal history of the aggravated robbery defendant.
• The defendant's proximity to the victim at the time of the robbery.
• Whether or not the aggravated robbery occurred in a location near where children may be present, such as a school, church, daycare facility, or public park.
• Whether the aggravated robbery occurred during a home invasion.
• If the defendant knew the victim and was someone that the victim trusted.
• If the attack was motivated by hate or prejudice.

What Is Aggravated Burglary?

Unlike simple burglary, which is defined as unlawful entry intending to commit a crime, aggravated burglary is much more serious because it involves using force or deception to enter a home or property intending to cause harm.

Burglary can be charged against anyone who enters any structure without permission. However, like aggravated robbery, aggravated burglary requires “aggravating factors” that make it a more serious felony charge because it can potentially cause serious harm or threat to the burglary victim.

Elements of Aggravated Burglary

Aggravated burglary is the most serious category of burglary because it involves a defendant not only forcing their way into the home but also putting victims in danger of physical harm. To define aggravated burglary, it is important to note the difference between theft and burglary.

In the case of theft, a person enters a structure with permission but the intent to steal. 

For example, theft typically occurs in public buildings like a store because the defendant can walk into an area to which they already have access and remove an item from the premises without paying for it. However, once that defendant breaks into a building to steal the item, it rises from a simple theft to a burglary. Even if the perpetrator doesn’t take anything from the property that has been broken into, it is still considered a burglary because it is based on their intent.

In most jurisdictions, that burglary charge rises to aggravated burglary once aggravating factors come into play, such as the presence of a weapon, causing harm to another, or simply intending to cause harm.

Differences Between Aggravated Burglary and Aggravated Robbery

Perhaps the most glaring difference between aggravated burglary and aggravated robbery crimes is that burglary is generally a crime against a property or a building. In contrast, robbery is usually a crime against a person. However, like in the case of a home invasion, both elements can exist.

Since burglary involves illegally entering a structure intending to commit a crime, like theft, proving the use of force is not generally required for a conviction. However, the use of force will undoubtedly raise the level of the crime to aggravated burglary.

Robbery, on the other hand, involves stealing someone's property by force or through intimidation and fear. It usually needs to involve a weapon or an injury to the victim before it rises to the level of aggravated robbery.

Both aggravated burglary and aggravated robbery are felonies and have similarly severe consequences for those who are convicted on either charge.

Legal Strategies and Defenses

Felonies are serious crimes with often severe consequences for anyone convicted. Therefore, anyone charged with aggravated robbery or burglary must consult a criminal defense attorney before determining the best action. However, some common legal strategies and defenses are regularly used to defend against such serious charges.

How to Beat an Aggravated Robbery Charge

Here are some common ways to beat an aggravated robbery charge:

• Claiming Innocence: Not everyone charged with a crime is guilty, and if someone charged with aggravated robbery or burglary has a legitimate alibi that puts them somewhere else at the time of the crime, they can beat the charge in a court of law.
• Claiming Intoxication: Often, a defendant will argue that intoxication led them to commit the crime. Some states allow intoxication to stand as a mitigating circumstance that can reduce the defendant's sentence, while others do not. If the defendant can prove involuntary intoxication due to actions outside their control, their criminal behavior may be excused.
• Entrapment: If the defendant can prove that they were coerced into committing an aggravated burglary or robbery that they would not have otherwise committed, the entrapment defense may be employed. Unfortunately, entrapment is difficult to prove unless there is strong evidence that someone in law enforcement had a hand in convincing them to commit the crime.
• Duress: Duress may be raised as a defense if it is proven that someone else coerced or compelled them to commit the crime. This can include force or even the threat of force and can be a successful defense based on credibility and the immediacy or seriousness of the threat used. Most courts will reject this defense if the prosecutor can show that the defendant had an opportunity to avoid committing the crime without risk.

Defense Strategies for Aggravated Burglary

Some of the most common defense strategies for beating aggravated burglary charges are as follows:

• Innocence: Just because someone has been charged with aggravated burglary does not mean they committed the crime. If the defendant has a solid alibi that places them somewhere else when the burglary occurred, they will likely have the charges against them dropped.
• The “Illusion” Defense: This defense involves admitting to the behavior outlined in the charges against them but arguing that it does not rise to the level of a crime, such as in situations where the defendant can prove that they entered the building with consent, either from the owner or the occupant. In some circumstances, this can be a valid, successful defense strategy.
• Lack of Intent: One element of a successful aggravated burglary case is proof that the defendant intended to commit a crime once they gained access to the property. Finding burglary tools or a weapon on the defendant at the crime scene is proof of intent. However, if the element of intent does not exist and the defendant can prove a mitigating factor, such as intoxication or mental illness, they may be able to beat the charge.
• Entrapment: Law enforcement can make mistakes, too. If a defendant can prove that a law enforcement official coerced them into committing an aggravated burglary, they may be able to successfully use an entrapment defense. However, entrapment is difficult to prove.

Undoubtedly, there are key distinctions between aggravated robbery and aggravated burglary. Burglary involves illegally entering a business or a home. When a deadly weapon is involved, a victim is injured, or the defendant enters the property intending to cause harm, it rises to the level of an aggravated burglary. Robbery requires the taking of someone else’s property using intimidation and threats. Once a deadly weapon is involved or someone is injured during the robbery, it is immediately upgraded to an aggravated robbery charge.

Whether you are a defendant charged with aggravated robbery or aggravated burglary or a victim seeking justice, knowing the key distinctions between the two crimes, understanding the definitions of these serious crimes, exploring examples of such crimes, and knowing the possible punishments associated with them, you have a better chance at navigating the legal landscape effectively for a reasonable and fair outcome.